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Warning: Your Domain Name Could Infringe On Trademark Rights!
If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet... See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse. Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names. Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply. A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another. The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition. So with that said, just because you purchased a particular domain name it does not necessarily mean you have exclusive rights to it. If there is a trademark in your domain name, the mark owner has a legal right to send you a "cease and desist" letter and possibly take that domain name away from you. If you don't believe a word I've said so far then I offer myself as proof because it happened to me. I recently lost one of my domain names under this exact same circumstance. For legal reasons I can't tell you the domain name as I agreed to make no further references to it, but there were two words in my domain name that were associated with a trademark. Now, I wasn't aware of this when I purchased the domain name. And I definitely wasn't aware of trademark laws. Don't be ignorant on the subject like I was. You can avoid any potential problems by educating yourself and thereby preventing the samething from happening to you. Don't make the same mistake that I did! Do your research before you buy a domain name and make sure there is NO trademark associated with that name. There are trademark search engines where you can type in a word or a phrase and it will tell you if it is a trademark. You can visit the United States Patent And Trademark Office (USPTO) website to do a trademark search: http://www.uspto.gov/ Now, in my case I chose not to fight the trademark dispute and gave up my domain name voluntarily. I felt it just wasn't worth the time, money and headaches to launch a fight over this. If this should ever happen to you, you do have rights and there are proper channels to go through to settle the dispute. Contact a lawyer who specializes in this field. And don't even think for one minute that this sort of thing can't happen to you. Trust me. If you have a trademark in your domain name it is only a matter of time before you get that letter in the mail like I did. There are numerous cases all over the internet concerning disputes over trademark and domain names. Don't you be one of them... If you would like more information on the subject of trademarks and domain names then I highly recommend you visit this website: http://www.chillingeffects.org/domain This article and any links associated with it are for informational purposes only and not intended as legal advice. As always, speak to an attorney who specializes in this field in the event of a dispute. Al Martinovic is the publisher of the Millenium Marketers Newsletter where you will find powerful concepts, killer strategies, useful tips and no bull business advice: http://www.milleniummarketers.com
Latest News:Site: Yahoo! News Search Results for news [News] 5 O'Clock Shadow News you can't leave work without: Asamoah makes a deal News of record News of record reports for Chelan and Douglas counties Newport News police seek help on thefts from cars NEWPORT NEWS A rash of summer-night car break-ins and vandalism has police asking the public for help, and warning them to lock their vehicles. Newport News hit with rash of car break-ins NEWPORT NEWS -- Police are asking for help in solving a large number of car break-ins and vandalism cases in Newport News. According to police, 134 cases were reported in the area between J. Clyde Morris Blvd. and Oyster Point Road since June 1. Most of the incidents were between J. Clyde Morris and Middle Ground Blvd. and happened during the early evening hours. Police say many thefts happened ... NEWS ALERTS: Sign up to get breaking news on your mobile phone Get breaking local news as it happens. Enter your phone number: Standard Messaging Rates or other charges apply. To Opt-out text STOP to 4INFO (44636). For more information text HELP to 4INFO (44636). Contact your carrier for more details. Powered by 4INFO. Newport News police search for suspects in string of car thefts Newport News detectives are seeking assistance from the Community, in solving a large number of cases involving damage to, and larcenies from, cars. Newport News police seek information regarding larcenies and property damage NEWPORT NEWS -- Police are investigating 134 cases of damage to cars and larcenies from cars that occurred between June 1 and July 25, according to police. News in brief Here are a selection of brief news items from this week?s paper edition, and possibly a few news briefs that didn?t make it in the paper. Newport News townhouse damaged by fire NEWPORT NEWS A townhouse in the 1000 block of Willow Green Drive was damaged by fire this morning, fire officials said. One of the residents had minor burns to his hand, a Fire Department news release says. An off-duty city firefighter/medic helped evacuate the adjoining homes. News of the Past who has deep genealogical roots to Winston County, provides news from past editions of the Winston County Journal. The Winston County Board of Supervisors posted a notice of the new "Dog Law" which was passed in the July term. Site: news - Google News Arizona News Round Up - San Francisco Chronicle (blog)
MORE RESOURCES: Site: Yahoo! News Search Results for domain names Proceeds From Domain Names For Sale To Be Donated To Charity Including Fax, Telecom, Mobile Device, Business Brand Names Companies seeking to acquire enhanced Internet presence through domain names that are powerful brand names and easy to remember can benefit charities by purchasing quality names like iWorkPlace.com, iBrochure.com, iHelpDesk.com, iCompanyAds.com, iLeadTracker.com, YourSidebar.com, WebToFax.com and FaxToMe.com in 2010. iFive: MIA Spilled Oil, FBI/Google to Get Net Records, RIM's New Tablet Name, Plankton Declines, and Facebook Questions While you were sleeping, innovation was buying up domain names, and readying itself for a launch with large retail displays that look like something from Superman's home planet, Krypton. 1. Around 4 million barrels of oil from the Deepwater spill has gone missing, according to the Washington Post . As well as having been cleaned up by nature, the unaccounted oil could also be in the air, or even ... MeetingWave Names New CEO and Director of Business Development Internet-based company for offline face-to-face business networking names new executives to focus on business development and sales relating its recently launched patented private label platform. New Domain .Co Opens for Business With $350K Overstock URL clickz Seventy percent of brands in the Brand Finance top 500 have registered .co domains, including Nike, eBay, Coca-Cola, Apple and Amazon. Russia posts data on Cyrillic domain names registration RBC, 26.07.2010, Moscow 14:13:06. A total of 13,765 domain names were registered in the first seven months of preferential registration on the Russian Cyrillic domain, according to the accredited registrar Reg.ru. RIM acquires Internet domain name rights to Blackpad.com Research In Motion Ltd., maker of the BlackBerry smartphone, acquired the Internet rights to blackpad.com this month, adding to speculation it may be developing a tablet device to rival Apple Inc.?s iPad Choosing Domain Names For International Business For a great many marketers I?m afraid it?s too late when it comes to ideal positioning for your international online expansion. No, this is not another piece about whether you should use local domains or dot coms (my position on that remains unequivocably ?go local? as my piece ? 6 Ways Local Domains Crush Dot Coms ? describes). Branded vs Keyword-Rich Domain Names Whenever I am working with a client that is looking to start a new business and website, I am almost always asked the question?should I purchase a domain name with keywords in it for SEO? Unfortunately there is not a clear cut answer to that question. Lets examine the different strategies behind purchasing a branded [...] Check out the SEO Tools guide at Search Engine Journal . Branded vs ... Michael Mann Announces .CO Portfolio Internet Entrepreneur Announces Large Premium Domain Names Portfolio in .CO Black Hat: Internet gets 'biggest upgrade since World Wide Web' The Internet Corporation for Assigned Names and Numbers (Icann) has announcedwhat it claims is the biggest upgrade to the internet's infrastructure since theintroduction of the World Wide Web. Site: domain names - Google News RIM Acquires Internet Domain Name Rights to Blackpad.com - Bloomberg
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